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10-06-1959 Regular Meeting Regular Meeting Chairman of the Council, Charles B. Roe, called the regular meeting of the City Council of the City of Clermont to order on ~esday - October 6, 1959 at 7: 30 P.M., in the office of the City Clerk. Chr. Roe called to the attention of the Council that as the Mayor of the City of Clermont would be absent for an indefinite time, that under the Charter it was now necessary for him to serve as President of the Council and Mayor Pro Tem, therefore, he could not preside at the meetings and it was necessary that the Council elect a President Pro Tem. Thereupon Messrs. Oswalt and Middleton were duly nominated and upon nominations being closed, the Council elected, by secret ballot, Mr. Middleton - President Pro Tem. Mr. Middleton then took charge of the meeting and called for the reading of the Minutes of the meeting held September 15, 1959. The Minutes of the meeting held September 15, 1959 were read and~proved as read. Those being present at the meeting were:,Al.l members of the Council - Inspector Sny-der - Clerk Johnson - Deputy Clerk Williams - Sup't. Sheldon - Police Chief Tyndal - Patrolman Fullwood - City Attn'Y. Morse - Delegation from the local Chamber of Commerce - Mr. O. H. Keene - Messrs. Hodge & Kennedy of Van Ingen and Company - Mr. Birschall of Smith & Gillespie, Engineers - representatives of Power Brake & Equipment Co. and Hodge Equipment Company - representative of the local press. Mr. O. H. Keene advised the Council that it was his intention to start construction of homes in the ~ of Block 5 immediately, and would therefore appreciate it if the Council would take care of the drainage problem and pave that part of DeSoto Street ad- jacent to this property, as per their agreement,as soon as possible Mr. Oswalt advised Mr. Keene that Disston Avenue was now being paved and therefore it would be impossible to comply with his request immediately, but, that it would be done in the very near future. Chief of Police Tyndal submitted his regular monthly Police report, which was accepted and ordered filed. Mayor Pro Tem, Roe, read a letter from the State Road Dep't. wherein they stated they had taken a traffic count at the inter- section of State Road # 50 and 5th Street, and that such count failed to disclose the necessity of a traffic light and therefore the City's request was denied. Police Chief Tyndal stated that Mr. W.E.Johnson, who had been employed by the City as a radio operator, was no longer with the City and that he had been unable to find anyone to fill the vacancy of radio operator; it was his recommendation that Mr. & Mrs. J.B.Fullwood be re-employed in this capacity and that a relief operator be employed during the day in order that Mr. Fullwood might continue with his present duties as Parking Meter Patrolman. Mr. Oswalt suggested that Chief Tyndal's recommendation be accepted with the stipulation, however, that the Police Chief and the Mayor continue to endeavor to locate some person or persons to fill this jOb permanently. The matter in its entirety was re- ferred to the Mayor and the Police Chief. Mr. Welborn Daniel, representative of the local Chamber of Commerce, protested to the City Council, the manner in which they had stipulated that the fund in next years budget allocated to publicity, be made available to the Chamber of Commerce. A general discussion followed pertaining to this matter as well as other matters pertaining to the Chamber of Commerce, after which motion was made by Mr. Roe, seconded by Mr. Oswalt and carried, that the City Clerk be authorized to pay to the Chamber of Commerce an amount or amounts not to exceed $3,500.00 upon their delivery to him, invoices or certified copies of invoices, covering Chamber of Commerce expenses excepting salaries. at'-thlstiine President Pro Tem Middleton requested Clerk JOhnsonAto open sealed bids on garbage packers mounted on a new truck as per specifications submitted by the Council, and-it:h.e bids, were as follows: '\ ~ Hodge Equipment Company of Leesburg - International truck with a Leach body - $9,478.00 Hodge Equipment Company of Leesburg - International truck with a Garwood body - $8,990.00 Orlando Mack Sales - Mack truck with a Leach body - $10,756.60 Sup't. Sheldon was asked for his recommendation regarding this matter and he stated that in his opinion, the Garwood body mounted on an International truck was satisfactory equipment and that they were the low bidder. Motion was made by Mr. Roe that the bid of $8,990.00 from Hodge Equipment Company of Leesburg for a Garwood body mounted on an International truck, be accepted. There was no second to the motion and President Pro Tem Middleton. declared all bids to be rejected. Messrs. Hodge and Kennedy of Van Ingen & Co., and Mr.Birchall of Smith and Gillespie, Engineers, spoke to the Council regarding the possibility and feasibility of a sewerage disposal plant and system for the City or for certain sections of the City. Considerable discussion followed regarding these matters, both as to the engineering and financing, at the conclusion of which Mr. Oswalt moved, seconded by Mr. Roe and carried, that the firm of Smith & Gillespie, Engineers, be invited to submit a proposal of cost estimate of re-engineering the entire City for sewerage disposal. Clerk Jo~son read.a petition of interested residents protesting un-necessary noise at the Cler-Vue Drive-In Theatre. Clerk Johnson was requested to write the management of the Theatre and ask them to cooperate by keeping the noise at a minimum. Clerk Johnson read a petition signed by 30 property owners, protesting the increase in garbage pick-up rates and the increase in operational tax millage. The petition was considered and ordered filed. Clerk Johnson read a letter from Mary Siderits protesting the increase of garbage pick-up rates, which was considered and ordered filed. Clerk Johnson read a request from Mr. Charles Root for a street light to be installed at the corner of DeSoto Street and Anderson. Motion by Mr. Oswalt, seconded b~ Mr. Boyd and carried, that the City Clerk be requested to instruct Florida Power Corp. to install street light at corner of ~eSoto and Anderson streets, as requested. Clerk Johnson read a letter from the State Road Department to the effect that that part of old State Road # 561 (Montrose Street from 8th street to 12th street) be: turned back to the City. Clerk Johnson read a letter from the local Chamber of Commerce requesting permission to locate a sign reading, "Visit our Chamber of Commerce" under the City of Clermont sign now located at the intersection of highways # 50 and # 27. It being deter- mined that this sign had already been located prior to any per- mission from the City Council, the Clerk was requested to advise the Chamber of Commerce that they had no objection to the sign remaining, but, in their opinion, the State Road Department would protest its location and demand its removal. Clerk Johnson reported the Clermont-Minneola Band Boosters Club had requested permission to locate a fund progress sign between the City Administration building and the office occupied by Mr. Irving Morse, during the duration of their drive. Per- mission granted. Clerk Johnson called attention to the Council with regares complaints from residents in Lake View Heights to the effect that drainage from the Bruno property was washing sand and debris onto their property. City Attorney Morse advised Clerk Johnson that this was a matter to be solved between the parties involved and that the City had nothing to do with the matter. City Attorney Morse was requested to prepare a RESOLUTION of paving assessments against property owners abutting Settle Street,for presentation at the next meeting. . ~ ... Mr. Roe moved the introduction of an ORDINANCE AMENDING SECTION 7 (a) (1) of ORDINANCE NO. 161, THE GARBAGE ORDINANCE OF CLERMONTI- and that it be placed upon its passage on the First Reading. The motion was seconded by Mr. Oswalt and when put to a vote, unanimously carried. Thereupon the ORDINANCE was read in its entirety and was Passed on its First Reading on motion of Mr. Roe, second by Mr. Oswalt, and when put to a vote was unanimously carried. Thereupon the Clerk was directed to mark the ORDINANCE PASSED ON ITS FIRST READING - OCTOBER 6, 1959. Clerk Johnson stated he would hold the ORDINANCE in his ORDINANCE FILE until final passage. Mr. Roe moved the introduction of an ORDINANCE PROVIDING A BUDGET OF EXPENSES FOR THE FISCAL YEAR OF 1959-1960 AND MAKING APPROPRIATIONS THEREFOR; AND PROVIDING A TAX LEVY ON ALL PROPERTY IN THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, FOR THE YEAR OF 1959, and that it be placed upon its passage on the First Reading. The motion was seconded by Mr. Oswalt and when put to a vote, unanimously carried. Thereupon the ORDINANCE was read in its entirety and was Passed on its First Reading on motion of Mr. Roe, second by Mr. Oswalt, and when put to a vote, unanimously carried. Thereupon the Clerk was directed to mark the ORDINANCE PASSED ON ITS FIRST READIN~ - OCTOBER 6, 1959. Clerk Johnson stated he would hold the ORDINANCE in his ORDINANCE FILE until final passage. Mr. Oswalt moved the introduction of an ORDINANCE AMENDINQ SECTION 8 OF ORDINANCE NO. 159 OF CITY OF CLERMONT AS TO REAR YARD REQUIREMENTS IN A TRANSIENT COMMERCIAL ZONE, and that it be placed upon its passage on the First Reading. The motion was seconded by Mr. Boyd and when put to a vote, unanimously carried. Thereupon the ORDINANCE was read in its entirety and was Passed on its First Reading on motion of Mr. Oswalt, second by Mr.Boyd and when put to a vote, unanimously carried. Thereupon the Clerk was directed to mark the ORDINANCE PASSED ON ITS FIRST READING - OCTOBER 6, 1959. Clerk Johnson stated he would hold the ORDINANCE in his ORDINANCE FILE until final passage. Mr. Boyd moved the introduction of an ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA and th~t it be placed upon its passage on the First Reading. The motion was seconded by Mr. Oswalt and when put to a vote, unanimously carried. Thereupon the ORDINANCE was read in its entirety and Passed on its First Reading on motion of Mr. Boyd, second by Mr. Oswalt and when put to a vote, unanimously carried. Thereupon the Clerk was directed to mark the ORDINANCE PASSED ON ITS FIRST READING - OCTOBER 6, 1959. Clerk Johnson' stated he would hold the ORDINANCE in his ORDINANCE FILE until final passage. Mr. Roe moved the adoption of a RESOLUTION CLOSING THAT FRACTIONAL PART OF HIGHLAND AVENUE LYING BETWEEN lOth STREET AND WEST AVENUE. The motion was seconded by Mr. Christenson and un- animously carried. A copy of the RESOLUTION in full appears immediately following these Minutes. Mr. Roe moved the introduction of an ORDINANCE REQUIRING O\~RS AND OCCUPANTS OF REAL PROPERTY WITHIN THE CITY OF CLERMONT, IMPROVED OR UN-IMPROVED, AFTER NOTICE FROM SAID CITY, TO KEEP THEIR SAID PREMISES AND THEIR SIDEWALKS AND PARKWAYS ADJACENT THERETO FREE FROM FILTH, TRASH, AND WEEDS AND PREVENT THE ACCU- MULATION OF GROWTH THEREON ON ALL PJ\RK\,fAYS ADJACENT TO SUCH REAL PROPERTY AND TO KEEP THE SIDEWALKS IN FRONT OF SAME FREE FROM DIRT, LEAVES, GRASS AND RUBBISH:. PROVIDING FOR THE CITY TO RE- MOEE SAID FILTH, TRASH, WEEDS, DIRT, LEAVES, GRASS AND RUBBISH.. UPON OWNER OR OCCUPANT FAILING OR REFUSING SO TO DO AND THE CITY OF CLERMONT: THEREBY ACQUIRING A LIEN FOR SUCH WORK DONE WHICH SHALL BE ENFORCEABLE AGAINST SAID REAL PROPERTY IN THE MANNER PROVIDED FOR THE ACQUISITION AND ENFORCEMENT OF LIENS UPON REAL PROPERTY PROVIDED FOR BY CHAPTER 85, FLORIDA STATUTES: PROVIDING EFFECTIVE DATE OF THIS ORDINANCE AND OTHER MATTERS RELATING THERETO: and that it be placed upon its passage on the First Reading. The motion was seconded by Mr. Oswalt and when put to a vote was carried with Mr. Boyd voting Naye. Thereupon the ORDINANCE was read in its entirety and was Passed on its First Reading on motion of Mr. Roe, second by Mr. Oswalt and when put to a vote was carried with Mr. Boyd voting Naye. Thereupon the Clerk was directed to mark the ORDINANCE PASSED ON ITS FIRST READING - OCTOBER 6, 1959. Clerk Johnson stated he would hold the Ordinance in his ORDINANCE FILE until final passage. ... II. ... Mr. Boyd moved for the adoption of a RESOLUTION AUTHORIZING TEE TRANSFER OF $16,000.00 FROM THE EQUIPMENT REPLACEMENT FUND TO THE GENERAL FUND, TO BE PAID OVER A FOUR YEAR PERIOD AT 3% INTEREST. The motion was seconded by Mr. Christenson and unani- mously carried. A copy of the RESOLUTION in full appears immed- iately following these Minutes. Motion by Mr. Boyd, seconded by Mr. Oswalt and carried, that the bills be paid. Mr. Boyd, Chr. of the Water Committee, reported on the progress of water main installations. Motion was made by Mr. Christenson, seconded by Mr. Boyd and carried, that the amount of $80.00 be allocated to the Lake Apopka Gas District as Clermont's share of incidental expenses. Mr. Roe brought to the attention of the Council the matter of there being no property in the Lincoln Park area zoned whereby it was possible for the construction or operation of commercial businesses. It was recommended that the matter be referred to the Zoning Commission for their study and recommendations. Mr. Roe further stated that there were two vacancies on the Zoning Commission which should be filled. Motion by Mr. Roe, seconded by Mr. Boyd and unanimously carried, that C.C.Christenson be appointed to membership on the Zoning Commission to fill the un- expired term held by Earle G. Winston, now deceased. Motion by Mr. Oswalt, seconded by Mr. Roe and carried, that Mr. F.B.Innis be appointed to membership on the Zoning Commission to fill the unexpired term held by Gary Viti, who has resigned. Clerk Johnson brought up the matter of the City of Clermont making its records available to Hunnicutt & Associates during their valuation of Real Property in Lake County. Clerk Johnson was requested to contact Mr. Frank Owen, County Clerk, and get some definite statement as to just what the City of Clermont might expect in return for this $ervice. Clerk Johnson was requested to write the Board of County Commissioners and Mr. Ritchey Green of the State Road Department, and determine if it would not be possible for the State Road Dep't.1 the County of Lake and the City of Clermont to share, on the follo- wing basis (50% from the State Road Dep't., 25% each by the County of Lake and the City of Clermont) the cost for providing the nece- ssary drainage from Highway #50 northerly' along Grand Highway. Clerk Johnson was instructed to procure additiona+ bids for a International truck with a Garwood body mounted thereon, as, per specifications submitted, as soon as possible. Clerk Johnson was authorized to invite bids on two Ford or Chevrolet trucks,from both local and outside dealers, as per specifications to be submitted by Sup't. Sheldon. Motion was made by Mr. Boyd, seconded by Mr. Christenson .and carried, that the following listed Personal Property Tax Assessments be canceled due to being uncollectible; C.D.Gilleo # 1979 $ 1.45 Healey Products # 1820 $ 2.90 Prime's Boat Center # 1877 $ 69.60 Sup't. Sheldon was requested to prepare specifications for a street sweeper in order that the Purchasing Agent might invite bids. and was made by Mr. Oswalt, seconded by Mr.Christenson that ting adjourn. -- Pro Tem lerk ... ... -- ~', NOTICE TO WHOM IT MAY CONCERN: YOU and each of you will please take due notice, and govern your- self accordingly, that the City Council of the City of Clermont will, at 7:30 P.M. on October 20th, 1959, and at an Adjourned Regular Meeting of Said Council, or as soon thereafter as possible, consider the passage of an Ordinance providing for the permanent closing and abanoonment by said City of the following described street as represented on the Official Map of the City of Clermont, to-wit: Fractional Highland Avenue lying West of West Avenue, East of 10th Street, North of Block 100 and South of Fractional Block 99 lying South of State Road 50, which Ordinance shall also provide for the reversion of the lands within said street to revert in fee simple in equal proportions to the owners of the property lying adjacent and abutting thereto. f By :Order of the City Council DATED, October 8th; 1959. RBSOLUTION WHEIlBAS, aU 01 Block 100 and PnctioDrlllock 99 1)'i1t1 South of. State Itoad 50 aed North of HtPl-- A...., ill tbe City of a.....t, Lake CouatJ. Plonda, fa owaed . lee .uaple" Mt.nbl P. WiDtber of Clermoat. I..Ake Couaty ,Ploricla; ad. WHBREAS, FraedoMl HiP'''' A....l~ Ifordlat Soudl re- spectively, of..1d Iloo.... But of 10d1 Scnet'" w.. of w.. Ave- .... III aaJd City. ODe block III 1.... EMt aDd W.., ....... t1dJM*at to State ao.d SQ, Md 18 --loll- requJ.r.s by die ua..... pullUc .. . .reet or pdJIlC tiM)n-...... Ia aaJd acy: .... tUrtIDr., appear. tD tbe beet Illt..... of 8&1d City aDd all Uuutaa property ow.... that _11M be forever ..~ ad eolMd, after due .me. 110 all lac....... pertlee; aad. if do.., tbat tbe Rid traetloaal pan of ......... A"NIue ..even to aacl bet.ome dle property 1a fee lirnple 1D equal proponloM of me aIaltt1Dl property owaen; t:l.Mre&bre. IB IT IlBSOL VB[) by eM Clq Couacll of die Ctty of Clermoat that die CIIJ.Clert of du. City de pu"''' 18 .. a_~ Pr_. a aewpaper ot leaaenl c1rculadoa, po\1l..... lD Qermcmt, Late CouDty, fIodda. a Notice for twO (2) <X18MCUd.. weeU tbat tbe Clly Couad1 Will. at ita AdjOUrUd l\eplar M.-m, to .. bekl_ oc.... ala. 1959. ~ tile P'.... of .. orct..,. for.... cl,- ... ...... dae tcUo.... de- acr1bed street .. repr_ted _ the Otftda-l Map of tile City of C1enDaDt: FracdoDa1 ......... A....l)'i81 W.. of w.. A.... ... SMt of lOtb Street ad North of Iloct 100 aad Soudl of practJoaal Blodt 99. 1)18& South of State Road SO. aad drat daoae iater.ted Will be laemIla wrt.ttaa. ID pwlO8 or da.rouP tbeir r_pectt.. .... or attotDeya; .... 8B IT PUllnlBR IlBSOLVm:> tbat after clue...... ...., if there be DO 'IIUd objecdca8, tile Qc, ConDcll pIN .. O~ lor.,.. ........ ... cloeiDI .ud 8tteet -' .... 0J\t~ furdaeI' proYIde .. me I__ I,.. wtdda the bouDd~r1ea of aid acr_, .. above deecrilMd, r..ert to, ill equal proporttoM, 18 tee .t~pl. to dae 0..... of tile ....... pI'OJMrItJ'" tbe IdJobdal r.-l property; ..a tba . copy of data a.oJ..... Proof of Pub- Ucadoa of lAid Nodee ad ON"'K'e, duly cen1f1ed by me City O.k, be r~ ill me I\tM1c lleeord8 of Lake CouDty.R1orlda. _ _ . . _ _ . . _ _ _ . _ _ _ _ _ _ _ _ _ _ . _ ft . __ _ . _ _ . _ _ _ _ ~ _ . _ . ADOPTED by me City CouacI1 of tile Clty of Clermoat at ita RAplar M.~ beId fa October 6dl, 1959. RESOLUTION -- WHEREAS, in order to meet a financial emergency it is necessary to txtansfer froEl one or more budgete(1 accounts to the General Fund $16,000.00 to be repaid at least one-fourth <i) thereof each year together with interest at 3% per annUDl on all unpaid bala~ces; and, WHEREAS, there is $16,000.00 in the Equipment Replace- ment Fund which will not be needed until repaid and can be i transferred to the General Fund without violating the Charter, ,~ Ordinanc~s and/or bond issues ot' said City; therefore, BE IT RESOLVED by the City Council of the City of Cler. mont that the City Clerk of the city of Clermont is hereby authorized and directed to transfer fro. the Equipment ~- Placement Fund to the General Fund the sum of $16,000.00 to COYer this emergency and that said sum be repaid to the Equip- ment Replacement Fund, together with inter.est at 3% per an- num payable annually beginning on or before December 81, 1960, together with one-fourth <*> of the original principal, BE IT FURTHER RESOLvgD that hereafter each Council, in preparing their annual budget, take into account the replace- ment of said funds in the manner provided hereinbefore. . . . . . . . . . . . . . . . . . . . ... . . . . . ~.a .. . . ADOPTED,by the City Council at its, regular meeting held on October 6, 1959. Pres. Pro Tem. of Council Clermont, Florida ATTEST: -e City Clerk . . . . . . . . . . . . . . ,~ . . . . . . . . . . . . . . . ACCOUNTS PAYABLE OCTOBER 1959 -e Wolfe & Konsler Advance Electric Company E. R. Rixie Jensen Welding Shop Western Auto Associate Store Achord's Garage Southern Pipe & Supply Standard Auto Parts Clermont Builders Supply,Inc. Basic Asphalt Corporation Coble's Radiator Shop Holler Chevrolet Company Finley's Municipal Supply Clement'g Pest Control Harry P. Leu, Inc. Clermont Hardware & Supply Co. Clermont Standard Service Sanger Builders Supply Credit Bureau of Golden Triangle Fire Drill Salaries Hilltop Book Nook Lakeland Cement Company So.Lake Memorial Hospital (So. Lake Publishers, Inc.) Carroll Electric Company Sun Chevrole~ Company Florida Telephone Corporation The Sanfax Company Southern Building Code Congrews Frank S. Wright Hunnicutt and Associates Prescott Tractor Sales Brantly Electric Company Bowen Ford Company -- , '. 38.33 2.33 15.00 16.18 4.00 3.79 720.62 12.09 2.17 27.00 45.27 7.13 104.24 80.00 6.65 48.36 1.50 5.12 12.00 15.00 24.20 73.50 44. 30 18.00 279.84 20.07 163.74 12.79 12.00 88.29 5.60 73.18 124.37 $ 2,106.66